HURST v. BRANKER

Filing 68

JUDGMENT for the reasons set forth in the Memorandum Opinion and Order filed contemporaneously with this Judgment, IT IS HEREBY ORDERED AND ADJUDGED that Respondent's Motion for Summary Judgment 17 is GRANTED and this action is DISMISSED WITH PREJUDICE. A certificate of appealability is therefore issued on Claim I as set out. Signed by JUDGE THOMAS D. SCHROEDER on 3/31/2013. (Powell, Gloria)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
JASON WAYNE HURST,

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Petitioner,
v.
KENNETH LASSITER,
Warden, Central Prison,
Raleigh, North Carolina,
Respondent.

1:10CV725

JUDGMENT
For the reasons set forth in the Memorandum Opinion and Order
filed contemporaneously with this Judgment,
IT IS HEREBY ORDERED AND ADJUDGED that Respondent=s Motion for
Summary Judgment (Doc. 17) is GRANTED and this action is DISMISSED
WITH PREJUDICE.
Petitioner has made a sufficiently substantial showing of the
denial of a constitutional right under 28 U.S.C. § 2253(c)(2) to
warrant the grant of a certificate of appealability with respect to
the issue of whether the juror’s contact with her father violated
Petitioner’s

Sixth

Amendment

Constitution (Claim I).
issued on this question.

rights

under

the

United

A certificate of appealability is therefore
28 U.S.C. § 2253(c)(3).
/s/
Thomas D. Schroeder
United States District Judge

March 31, 2013

States